THE CIVIL LIABILITY FOR NUCLEAR DAMAGE ACT, 2010 

–––––––––– 

ARRANGEMENT OF SECTIONS 

–––––––––– 

CHAPTER I 

PRELIMINARY 

SECTIONS 

1.  Short title, extent, application and commencement. 
2.  Definitions. 

CHAPTER II 

LIABILITY FOR NUCLEAR DAMAGE 

3.  Atomic Energy Regulatory Board to notify nuclear incident. 
4.  Liability of operator. 
5.  Operator not liable in certain circumstances. 
6.  Limits of liability. 
7.  Liability of Central Government. 
8.  Operator to maintain insurance or financial securities. 

CHAPTER III 

CLAIMS COMMISSIONER 

9.  Compensation for nuclear damage and its adjudication. 
10.  Qualifications for appointment as Claims Commissioner. 
11.  Salary, allowances and other terms and conditions of service of Claims Commissioner. 
12.  Adjudication procedure and powers of Claims Commissioner. 

CHAPTER IV 

CLAIMS AND AWARDS 
13.  Inviting application for claims by Claims Commissioner. 
14.  Person entitled to make application for nuclear damage. 
15.  Procedure for making application before Claims Commissioner. 
16.  Award by Claims Commissioner. 
17.  Operator's right of recourse. 
18.  Extinction of right to claim. 

CHAPTER V 

NUCLEAR DAMAGE CLAIMS COMMISSION 

19.  Establishment of Nuclear Damage Claims Commission. 
20.  Composition of Commission. 
21.  Term of office. 
22.  Salary, allowances and other terms and conditions of service of Chairperson and Members. 
23.  Filling up of vacancies. 
24.  Resignation and removal. 

1 

 
 
 
 
 
SECTIONS 

25.  Chairperson or Member deemed to retire from service. 
26.  Suspension of pension. 
27.  Prohibition of acting as arbitrator. 
28.  Prohibition of practice. 
29.  Powers of Chairperson. 
30.  Officers and other employees of Commission. 
31.  Application for compensation before Commission. 
32.  Adjudication procedure and powers of Commission. 
33.  Transfer of pending cases to Commission. 
34.  Proceedings before Claims Commissioner or Commission to be judicial proceedings. 
35.  Exclusion of jurisdiction of civil courts. 
36.  Enforcement of awards. 
37.  Annual report. 
38.  Dissolution of Commission in certain circumstances. 

CHAPTER VI 

OFFENCES AND PENALTIES 

39.  Offences and penalties. 
40.  Offences by companies. 
41.  Offences by Government Departments. 
42.  Cognizance of offences. 

CHAPTER VII 

MISCELLANEOUS 

43.  Power to give directions. 
44.  Power to call for information. 
45.  Exemption from application of this Act. 
46.  Act to be in addition to any other law. 
47.  Protection of action taken in good faith. 
48.  Power to make rules. 
49.  Power to remove difficulties. 

2 

 
 
 
THE CIVIL LIABILITY FOR NUCLEAR DAMAGE ACT, 2010 
ACT NO. 38 OF 2010 

[21st September, 2010.] 
An Act to provide for civil liability for nuclear damage and prompt compensation to the victims 
of a nuclear incident through a no-fault liability regime channeling liability to the operator, 
appointment  of  Claims  Commissioner,  establishment  of  Nuclear  Damage  Claims 
Commission and for matters connected therewith or incidental thereto. 
BE it enacted by Parliament in the Sixty-first Year of the Republic of India as follows:– 

CHAPTER I 

PRELIMINARY 

1.  Short  title,  extent,  application  and  commencement.–(1)  This  Act  may  be  called  the  Civil 

Liability for Nuclear Damage Act, 2010. 

(2) It extends to the whole of India. 

(3) It also applies to nuclear damage suffered– 

(a) in or over the maritime areas beyond the territorial waters of India; 

(b) in or over the exclusive economic zone of India as referred to in section 7 of the Territorial 
Waters,  Continental  Shelf,  Exclusive  Economic  Zone  and  Other  Maritime  Zones  Act,  1976  (80  of 
1976); 

(c) on board or by a ship registered in India under section 22 of the Merchant Shipping Act, 1958 

(44 of 1958) or under any other law for the time being in force; 

(d) on board or by an aircraft registered in India under clause (d) of sub-section (2) of section 5 of 

the Aircraft Act, 1934 (22 of 1934) or under any other law for the time being in force; 

(e) on or by an artificial island, installation or structure under the jurisdiction of India. 

(4) It applies only to the nuclear installation owned or controlled by the Central Government either by 

itself or through any authority or corporation established by it or a Government company. 

Explanation.–For  the  purposes  of  this  sub-section,  "Government  company"  shall  have  the  same 
meaning as assigned to it in clause (bb) of sub-section (1) of section 2 of the Atomic Energy Act, 1962 
(33 of 1962). 

(5) It shall come into force on such date as the Central Government may, by notification, appoint; and 
different  dates  may  be  appointed  for  different  provisions  of  this  Act,  and  any  reference  in  any  such 
provision to the commencement of this Act shall be construed as a reference to the coming into force of 
that provision. 

2. Definitions.–In this Act, unless the context otherwise requires,- 

(a) "Chairperson" means the Chairperson of the Commission appointed under sub-section (1) of 

section 20; 

(b) "Claims Commissioner" means the Claims Commissioner appointed under sub-section (2) of 

section 9; 

(c) "Commission" means the Nuclear Damage Claims Commission established under section 19; 

(d) "environment" shall have the same meaning as assigned to it in clause (a) of section 2 of the 

Environment (Protection) Act, 1986 (29 of 1986); 

3 

 
 
(e) "Member" means a Member of the Commission appointed under sub-section (1) of section 20;  

(f) "notification" means a notification published in the Official Gazette and the term "notify" shall 

be construed accordingly; 

(g) "nuclear damage'' means– 

(i)  loss  of  life  or  personal  injury  (including  immediate  and  long  term  health  impact)  to  a 

person; or 

(ii) loss of, or damage to, property, 

caused by or arising out of a nuclear incident, and includes each of the following to the extent 

notified by the Central Government;  

(iii) any economic loss, arising from the loss or damage referred to in sub-clauses (i) or (ii) 
and not included in the claims made under those sub-clauses, if incurred by a person entitled to 
claim such loss or damage; 

(iv) costs of measures of reinstatement of impaired environment caused by a nuclear incident, 
unless such impairment is insignificant, if such measures are actually taken or to be taken and not 
included in the claims made under sub-clause (ii); 

(v)  loss  of  income  derived  from  an  economic  interest  in  any  use  or  enjoyment  of  the 
environment,  incurred  as  a  result  of  a  significant  impairment  of  that  environment  caused  by  a 
nuclear incident, and not included in the claims under sub-clause (ii); 

(vi) the costs of preventive measures, and further loss or damage caused by such measures; 

(vii) any other economic loss, other than the one caused by impairment of the environment 
referred  to  in  sub-clauses  (iv)  and  (v),  in  so  far  as  it  is  permitted  by  the  general  law  on  civil 
liability in force in India and not claimed under any such law, 

in the case of sub-clauses (i) to (v) and (vii) above, to the extent the loss or damage arises out of, or results 
from, ionizing radiation emitted by any source of radiation inside a nuclear installation, or emitted from 
nuclear fuel or radioactive products or waste in, or of, nuclear material coming from, originating in, or 
sent to, a nuclear installation, whether so arising from the radioactive properties of such matter, or from a 
combination of radioactive properties with toxic, explosive or other hazardous properties of such matter; 

(h) "nuclear fuel" means any material which is capable of producing energy by a self-sustaining chain 

process of nuclear fission; 

(i) "nuclear incident"  means  any  occurrence  or series  of  occurrences  having  the  same  origin  which 
causes  nuclear  damage  or,  but  only  with  respect  to  preventive  measures,  creates  a  grave  and  imminent 
threat of causing such damage; 

(j) "nuclear installation" means– 

(A) any nuclear reactor other than one with which a means of transport is equipped for use as a 

source of power, whether for propulsion thereof or for any other purpose;  

(B) any facility using nuclear fuel for the production of nuclear material, or any facility for the 

processing of nuclear material, including re-processing of irradiated nuclear fuel; and  

(C) any facility where nuclear material is stored (other than storage incidental to the carriage of 

such material). 

Explanation.–For the purpose of this clause, several nuclear installations of one operator which are 

located at the same site shall be considered as a single nuclear installation; 

4 

 
 
(k) "nuclear material" means and includes– 

(i) nuclear fuel (other than natural uranium or depleted uranium) capable of producing energy by 
a  self-sustaining  chain  process  of  nuclear  fission  outside  a  nuclear  reactor,  either  by  itself  or  in 
combination with some other material; and 

(ii) radioactive products or waste; 

(l) "nuclear reactor" means any structure containing nuclear fuel in such an arrangement that a self-

sustaining chain process of nuclear fission can occur therein without an additional source of neutrons; 

(m) "operator", in relation to a nuclear installation, means the Central Government or any authority or 
corporation established by it or a Government company who has been granted a licence pursuant to the 
Atomic Energy Act, 1962 (33 of 1962) for the operation of that installation; 

(n) "prescribed" means prescribed by rules made under this Act; 

(o) "preventive measures" means any reasonable measures taken by a person after a nuclear incident 
has occurred to prevent or minimise damage referred to in sub-clauses (i) to (v) and (vii) of clause (g), 
subject to the approval of the Central Government; 

(p) "radioactive products or waste" means any radioactive material produced in, or any material made 
radioactive  by  exposure  to,  the  radiation  incidental  to  the  production  or  utilisation  of  nuclear  fuel,  but 
does not include radioisotopes which have reached the final stage of fabrication so as to be usable for any 
scientific, medical, agricultural, commercial or industrial purpose; 

(q)  "Special  Drawing  Rights"  means  Special  Drawing  Rights  as  determined  by  the  International 

Monetary Fund. 

CHAPTER II 

LIABILITY FOR NUCLEAR DAMAGE 

3.  Atomic  Energy  Regulatory  Board  to  notify  nuclear  incident.–(1)  The  Atomic  Energy 
Regulatory Board constituted under the Atomic Energy Act, 1962 (33 of 1962) shall, within a period of 
fifteen days from the date of occurrence of a nuclear incident, notify such nuclear incident: 

Provided that where the Atomic Energy Regulatory Board is satisfied that the gravity of threat and 

risk involved in a nuclear incident is insignificant, it shall not be required to notify such nuclear incident. 

(2) The Atomic Energy Regulatory Board shall, immediately after the notification under sub-section 
(1) is issued, cause wide publicity to be given to the occurrence of such nuclear incident, in such manner 
as it may deem fit. 

4.  Liability  of  operator.–(1)  The  operator  of  the  nuclear  installation  shall  be  liable  for  nuclear 

damage caused by a nuclear incident – 

(a) in that nuclear installation; or 

(b)  involving  nuclear  material  coming  from,  or  originating  in,  that  nuclear  installation  and 

occurring before – 

(i)  the  liability  for  nuclear  incident  involving  such  nuclear  material  has  been  assumed, 

pursuant to a written agreement, by another operator; or 

(ii) another operator has taken charge of such nuclear material; or 

(iii) the person duly authorised to operate a nuclear reactor has taken charge of the nuclear 
material intended to be used in that reactor with which means of transport is equipped for use as a 
source of power, whether for propulsion thereof or for any other purpose; or 

5 

 
(iv) such nuclear material has been unloaded from the means of transport by which it was sent 

to a person within the territory of a foreign State; or  

(c) involving nuclear material sent to that nuclear installation and occurring after– 

(i)  the  liability  for  nuclear  incident  involving  such  nuclear  material  has  been  transferred  to 

that operator, pursuant to a written agreement, by the operator of another nuclear installation; or 

(ii) that operator has taken charge of such nuclear material; or  

(iii) that operator has taken charge of such nuclear material from a person operating a nuclear 
reactor  with  which  a  means  of  transport  is  equipped for  use  as  a  source  of  power,  whether  for 
propulsion thereof or for any other purpose; or 

(iv) such nuclear material has been loaded, with the written consent of that operator, on the 

means of transport by which it is to be carried from the territory of a foreign State. 

(2)  Where  more  than  one  operator  is  liable  for  nuclear  damage,  the  liability  of  the  operators  so 

involved shall, in so far as the damage attributable to each operator is not separable, be joint and several: 

Provided  that  the  total  liability  of  such  operators  shall  not  exceed  the  extent  of  liability  specified 

under sub-section (2) of section 6. 

(3)  Where  several  nuclear  installations  of  one  and  the  same  operator  are  involved  in  a  nuclear 
incident, such operator shall, in respect of each such nuclear installation, be liable to the extent of liability 
specified under sub-section (2) of section 6. 

(4)  The  liability  of  the  operator  of  the  nuclear  installation  shall  be  strict  and  shall  be  based  on  the 

principle of no-fault liability. 

Explanation.–For the purposes of this section,– 

(a) where nuclear damage is caused by a nuclear incident occurring in a nuclear installation on 
account  of  temporary  storage  of  material-in-transit  in  such  installation,  the  person  responsible  for 
transit of such material shall be deemed to be the operator; 

(b) where a nuclear damage is caused as a result of nuclear incident during the transportation of 

nuclear material, the consignor shall be deemed to be the operator;  

(c) where any written agreement has been entered into between the consignor and the consignee 
or,  as  the  case  may  be,  the  consignor  and  the  carrier  of  nuclear  material,  the  person  liable  for  any 
nuclear damage under such agreement shall be deemed to be the operator;  

(d)  where  both  nuclear  damage  and  damage  other  than  nuclear  damage  have  been  caused  by  a 
nuclear  incident  or,  jointly  by  a  nuclear  incident  and  one  or  more  other  occurrences,  such  other 
damage shall, to the extent it is not separable from the nuclear damage, be deemed to be a nuclear 
damage caused by such nuclear incident. 

5. Operator not liable in certain circumstances.–(1) An operator shall not be liable for any nuclear 

damage where such damage is caused by a nuclear incident directly due to-  

(i) a grave natural disaster of an exceptional character; or  

(ii) an act of armed conflict, hostility, civil war, insurrection or terrorism. 

(2) An operator shall not be liable for any nuclear damage caused to– 

(i) the nuclear installation itself and any other nuclear installation including a nuclear installation 

under construction, on the site where such installation is located; and 

6 

 
(ii)  to  any  property  on  the  same  site  which  is  used  or  to  be  used  in  connection  with  any  such 

installation; or 

(iii) to the means of transport upon which the nuclear material involved was carried at the time of 

nuclear incident: 

Provided that any compensation liable to be paid by an operator for a nuclear damage shall not 
have the effect of reducing the amount of his liability in respect of any other claim for damage under 
any other law for the time being in force. 

(3) Where any nuclear damage is suffered by a person on account of his own negligence or from his 

own acts of commission or omission, the operator shall not be liable to such person. 

6. Limits of liability.–(1) The maximum amount of liability in respect of each nuclear incident shall 
be the rupee equivalent of three hundred million Special Drawing Rights or such higher amount as the 
Central Government may specify by notification: 

Provided  that  the  Central  Government  may  take  additional  measures,  where  necessary,  if  the 

compensation to be awarded under this Act exceeds the amount specified under this sub-section. 

(2) The liability of an operator for each nuclear incident shall be– 

(a) in  respect  of  nuclear reactors  having  thermal  power  equal to  or  above  ten MW, rupees  one 

thousand five hundred crores; 

(b) in respect of spent fuel reprocessing plants, rupees three hundred crores; 

(c) in respect of the research reactors having thermal power below ten MW, fuel cycle facilities 
other than spent fuel reprocessing plants and transportation of nuclear materials, rupees one hundred 
crores: 

Provided that the Central Government may review the amount of operator's liability from time to 

time and specify, by notification, a higher amount under this sub-section: 

Provided further that the amount of liability shall not include any interest or cost of proceedings. 

7. Liability of Central Government.–(1) The Central Government shall be liable for nuclear damage 

in respect of a nuclear incident,– 

(a) where the liability exceeds the amount of liability of an operator specified under sub-section 

(2) of section 6, to the extent such liability exceeds such liability of the operator; 

(b) occurring in a nuclear installation owned by it; and 

(c) occurring on account of causes specified in clauses (i) and (ii) of sub-section (1) of section 5: 

Provided  that  the  Central  Government  may,  by  notification,  assume  full  liability  for  a  nuclear 

installation not operated by it if it is of the opinion that it is necessary in public interest. 

(2) For the purpose of meeting part of its liability under clause (a) or clause (c) of sub-section (1), the 
Central  Government  may  establish  a  fund  to  be  called  the  Nuclear  Liability  Fund  by  charging  such 
amount of levy from the operators, in such manner, as may be prescribed. 

8. Operator to maintain insurance or financial securities.–(1) The operator shall, before he begins 
operation  of  his  nuclear  installation,  take  out  insurance  policy  or  such  other  financial  security  or 
combination of both, covering his liability under sub-section (2) of section 6, in such manner as may be 
prescribed. 

(2)  The  operator  shall  from  time  to  time  renew  the  insurance  policy  or  other  financial  security 

referred to in sub-section (1), before the expiry of the period of validity thereof. 

7 

 
(3) The provisions of sub-sections (1) and (2) shall not apply to a nuclear installation owned by the 

Central Government. 

Explanation.–For the purposes of this section, "financial security" means a contract of indemnity or 

guarantee, or shares or bonds or such instrument as may be prescribed or any combination thereof. 

CHAPTER III 

CLAIMS COMMISSIONER 

9. Compensation for nuclear damage and its adjudication.–(1) Whoever suffers nuclear damage 

shall be entitled to claim compensation in accordance with the provisions of this Act. 

(2) For the purposes of adjudicating upon claims for compensation in respect of nuclear damage, the 
Central Government shall, by notification, appoint one or more Claims Commissioners for such area, as 
may be specified in that notification. 

10. Qualifications for appointment as Claims Commissioner.–A person shall not be qualified for 

appointment as a Claims Commissioner unless he– 

(a) is, or has been, a District Judge; or 

(b)  in  the  service  of  the  Central  Government  and  has  held  the  post  not  below  the  rank  of 
Additional  Secretary  to  the  Government  of  India  or  any  other  equivalent  post  in  the  Central 
Government. 

11. Salary, allowances and other terms and conditions of service of Claims Commissioner.–The 
salary and allowances payable to and other terms and conditions of service of Claims Commissioner shall 
be such as may be prescribed. 

12.  Adjudication  procedure  and  powers  of  Claims  Commissioner.–(1)  For  the  purposes  of 
adjudication of claims under this Act, the Claims Commissioner shall follow such procedure as may be 
prescribed.  

(2)  For  the  purpose  of  holding  inquiry,  the  Claims  Commissioner  may  associate  with  him  such 
persons  having  expertise  in  the  nuclear  field  or  such  other  persons  and  in  such  manner  as  may  be 
prescribed. 

(3) Where any person is associated under sub-section (2), he shall be paid such remuneration, fee or 

allowance, as may be prescribed. 

(4)  The  Claims  Commissioner  shall,  for  the  purposes  of  discharging  his  functions  under  this  Act, 
have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), 
while trying a suit, in respect of the following matters, namely:– 

(a) summoning and enforcing the attendance of any person and examining him on oath; 

(b) the discovery and production of documents; 

(c) receiving evidence on affidavits; 

(d) requisitioning any public record or copies thereof from any court or office; 

(e) issuing of commission for the examination of any witness; 

(f) any other matter which may be prescribed. 

(5) The Claims Commissioner shall be deemed to be a civil court for the purposes of section 195 and 

Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974). 

8 

 
CHAPTER IV 

CLAIMS AND AWARDS 

13.  Inviting  application  for  claims  by  Claims  Commissioner.–After  the  notification  of  nuclear 
incident under sub-section (1) of section 3, the Claims Commissioner, having jurisdiction over the area, 
shall  cause  wide  publicity  to  be  given,  in  such  manner  as  he  deems  fit,  for  inviting  applications  for 
claiming compensation for nuclear damage. 

14.  Person  entitled  to  make  application  for  nuclear  damage.–An  application  for  compensation 
before the Claims Commissioner or the Commission, as the case may be, in respect of nuclear damage 
may be made by–  

(a) a person who has sustained injury; or 

(b) the owner of the property to which damage has been caused; or 

(c) the legal representatives of the deceased; or  

(d) any agent duly authorised by such person or owner or legal representatives. 

15.  Procedure  for  making  application  before  Claims  Commissioner.–(1)  Every  application  for 
compensation  before  the  Claims  Commissioner  for  nuclear  damage  shall  be  made  in  such  form, 
containing such particulars and accompanied by such documents, as may be prescribed. 

(2)  Subject  to  the  provisions  of  section  18,  every  application  under  sub-section  (1)  shall  be  made 
within a period of three years from the date of knowledge of nuclear damage by the person suffering such 
damage. 

16.  Award  by  Claims  Commissioner.–(1)  On  receipt  of  an  application  under  sub-section  (1)  of 
section  15,  the  Claims  Commissioner  shall,  after  giving  notice  of  such  application  to  the  operator  and 
affording an opportunity of being heard to the parties, dispose of the application within a period of three 
months from the date of such receipt and make an award accordingly. 

(2)  While  making  an  award  under  this  section,  the  Claims  Commissioner  shall  not  take  into 
consideration any benefit, reimbursement or amount received by the applicant in pursuance of contract of 
insurance taken by him or for members of his family or otherwise. 

(3)  Where  an  operator  is  likely  to  remove  or  dispose  of  his  property  with  the  object  of  evading 
payment  by  him  of  the  amount  of  the  award,  the  Claims  Commissioner  may,  in  accordance  with  the 
provisions of rules 1 to 4 of Order XXXIX of the First Schedule to the Code of Civil Procedure, 1908 (5 
of 1908), grant a temporary injunction to restrain such act.  

(4)  The  Claims  Commissioner  shall  arrange  to  deliver  copies  of  the  award  to  the  parties  within  a 

period of fifteen days from the date of the award. 

(5) Every award made under sub-section (1) shall be final. 

17.  Operator's  right  of  recourse.–The  operator  of  the  nuclear  installation,  after  paying  the 

compensation for nuclear damage in accordance with section 6, shall have a right of recourse where– 

(a) such right is expressly provided for in a contract in writing; 

(b) the nuclear incident has resulted as a consequence of an act of supplier or his employee, which 

includes supply of equipment or material with patent or latent defects or sub-standard services; 

(c) the nuclear incident has resulted from the act of commission or omission of an individual done 

with the intent to cause nuclear damage. 

9 

 
18.  Extinction  of  right  to  claim.–The  right  to  claim  compensation  for  nuclear  damage  shall 

extinguish, if such claim is not made within a period of– 

(a) ten years, in the case of damage to property; 

(b) twenty years, in the case of personal injury to any person,  

from the date of occurrence of the incident notified under sub-section (1) of section 3: 

Provided  that  where  a  nuclear  damage  is  caused  by  a  nuclear  incident  involving  nuclear  material 
which, prior to such nuclear incident, had been stolen, lost, jettisoned or abandoned, the said period of ten 
years shall be computed from the date of such nuclear incident, but, in no case, it shall exceed a period of 
twenty years from the date of such theft, loss, jettison or abandonment. 

CHAPTER V 

NUCLEAR DAMAGE CLAIMS COMMISSION 

19.  Establishment  of  Nuclear  Damage  Claims  Commission.–Where  the  Central  Government, 
having regard to the injury or damage caused by a nuclear incident, is of the opinion that it is expedient in 
public interest that such claims for such damage be adjudicated by the Commission instead of a Claims 
Commissioner, it may, by notification, establish a Commission for the purpose of this Act. 

20. Composition of Commission.–(1) The Commission shall consist of a Chairperson and such other 

Members, not exceeding six, as the Central Government may, by notification, appoint. 

(2)  The  Chairperson  and  other  Members  of  the  Commission  shall  be  appointed  on  the 
recommendation of a Selection Committee consisting of three experts from amongst the persons having at 
least thirty years of experience in nuclear science and a retired Supreme Court Judge. 

(3) A person shall not be qualified for appointment as the Chairperson of the Commission unless he 

has attained the age of fifty-five years and is or has been or qualified to be a Judge of a High Court:  

Provided that no appointment of a sitting judge shall be made except after consultation with the Chief 

Justice of India. 

(4)  A  person  shall not  be qualified for appointment as  a  Member  unless  he  has  attained the age  of 

fifty-five years and– 

(a) has held or is holding or qualified to hold, the post of Additional Secretary to the Government 
of India or any other equivalent post in the Central Government and possesses special knowledge in 
law relating to nuclear liability arising out of nuclear incident; or 

(b) has been a Claims Commissioner for five years. 

21. Term of office.–The Chairperson or a Member, as the case may be, shall hold office as such for a 
term  of  three  years  from  the  date  on  which  he  enters  upon  his  office  and  shall  be  eligible  for  re-
appointment for another term of three years:  

Provided that no person shall hold office as such Chairperson or Member after he has attained the age 

of sixty-seven years. 

22. Salary, allowances and other terms and conditions of service of Chairperson and Members.–
The  salary  and  allowances  payable  to  and  other  terms  and  conditions  of  service,  including  pension, 
gratuity  and  other  retirement  benefits,  of  the  Chairperson  and  other  Members  shall  be  such  as  may  be 
prescribed: 

Provided that no salary, allowances and other terms and conditions of service of the Chairperson or 

other Members shall be varied to his disadvantage after his appointment. 

10 

 
23. Filling up of vacancies.–If, for reasons other than temporary absence, any vacancy occurs in the 
office of the Chairperson or Member, as the case may be, the Central Government shall appoint another 
person  in  accordance  with  the  provisions  of  this  Act  to  fill  such  vacancy  and  the  proceedings  may  be 
continued before the Commission from the stage at which it was, before the vacancy is filled. 

24. Resignation and removal.–(1) The Chairperson or a Member may, by a notice in writing under 

his hand addressed to the Central Government, resign his office: 

Provided that the Chairperson or the Member shall, unless he is permitted by the Central Government 
to relinquish his office sooner, continue to hold office until the expiry of three months from the date of 
receipt of such notice or until a person duly appointed as his successor enters upon his office or until the 
expiry of his term of office, whichever is earlier. 

(2) The Central Government shall remove from office the Chairperson or a Member who– 

(a) has been adjudged an insolvent; or 

(b) has been convicted of an offence which, in the opinion of the Central Government, involves 

moral turpitude; or 

(c) has become physically or mentally incapable of acting as a Member; or 

(d) has acquired such financial or other interest as is likely to affect prejudicially his functions as 

a Member; or 

(e)  has  so  abused  his  position  as  to  render  his  continuance  in  office  detrimental  to  the  public 

interest: 

Provided that no Member shall be removed under clause (d) or clause (e) unless he has been given an 

opportunity of being heard in the matter. 

25.  Chairperson  or  Member  deemed  to  retire  from  service.–A  person  who,  immediately  before 
the date of assuming office as a Chairperson or a Member, was in service of the Government, shall be 
deemed  to  have  retired  from  service  on  the  date  on  which  he  enters  upon  office  as  such,  but  his 
subsequent  service  as  the  Chairperson  or  a  Member  shall  be  reckoned  as  continuing  approved  service 
counting for pension in service to which he belonged. 

26. Suspension of pension.–If a person who, immediately before the date of assuming office as the 
Chairperson or a Member was in receipt of or being eligible so to do, has opted to draw, a pension, other 
than a disability or wound pension, in respect of any previous service under the Central Government, his 
salary in respect of service as the Chairperson or a Member shall be reduced– 

(a) by the amount of that pension; and 

(b) if he had, before assuming office, received, in lieu of a portion of the pension due to him in 
respect  of  such  previous  service,  the  commuted  value  thereof,  by  the  amount  of  that  portion  of the 
pension. 

27. Prohibition of acting as arbitrator.–No person shall, while holding office as a Chairperson or a 

Member, act as an arbitrator in any matter. 

28.  Prohibition  of  practice.–On  ceasing  to  hold  office,  the  Chairperson  or  a  Member  shall  not 

appear, act or plead before the Commission. 

29. Powers of Chairperson.–The Chairperson shall have the power of superintendence in the general 

administration of the Commission and exercise such powers as may be prescribed. 

30. Officers and other employees of Commission.–(1) The Central Government shall provide the 

Commission with such officers and other employees as it may deem fit. 

11 

 
(2) The salary and allowances payable to and the terms and other conditions of service of officers and 

other employees of the Commission shall be such as may be prescribed. 

31.  Application  for  compensation  before  Commission.–(1)  Every  application  for  compensation 
before the Commission for nuclear damage shall be made in such form, containing such particulars and 
accompanied by such documents, as may be prescribed. 

(2)  Subject  to  the  provisions  of  section  18,  every  application  under  sub-section  (1)  shall  be  made 
within a period of three years from the date of knowledge of nuclear damage by the person suffering such 
damage. 

32. Adjudication procedure and powers of Commission.–(1) The Commission shall have original 
jurisdiction to adjudicate upon every application for compensation filed before it under sub-section (1) of 
section 31 or transferred to it under section 33, as the case may be. 

(2)  Upon  transfer  of  cases  to  the  Commission  under  section  33,  the  Commission  shall  hear  such 

applications from the stage at which it was before such transfer. 

(3)  The  Chairperson  may  constitute  benches  comprising  of  not  more  than  three  Members  of  the 
Commission for the purpose of hearing of claims and any decision thereon shall be rendered by a majority 
of the Members hearing such claims. 

(4) The Commission shall not be bound by the procedure laid down in the Code of Civil Procedure, 
1908 (5 of 1908) but shall be guided by the principles of natural justice and subject to the other provisions 
of this Act and of any rules made thereunder, the Commission shall have the power to regulate its own 
procedure including the places and the times at which it shall have its sittings. 

(5) The Commission shall have, for the purposes of discharging its functions under this Act, the same 
powers as are vested in a civil court under the Code of Civil Procedure, 1908, (5 of 1908) while trying a 
suit, in respect of the following matters, namely:– 

(a) summoning and enforcing the attendance of any person and examining him on oath; 

(b) the discovery and production of documents; 

(c) receiving evidence on affidavits; 

(d) requisitioning any public record or copies thereof from any court or office; 

(e) issuing of commission for the examination of any witness; 

(f) any other matter which may be prescribed. 

(6)  The  Commission  shall,  after  giving  notice  of  application  to  the  operator  and  after  affording  an 
opportunity of being heard to the parties, dispose of such application within a period of three months from 
the date of such receipt and make an award accordingly. 

(7) While making an award under this section, the Commission shall not take into consideration any 
benefit, reimbursement or amount received by the applicant in pursuance of any contract of insurance or 
otherwise. 

(8)  Where  an  operator  is  likely  to  remove  or  dispose  of  his  property  with  the  object  of  evading 
payment by him of the amount of the award, the Commission may, in accordance with the provisions of 
rules 1 to 4 of Order XXXIX of the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908), grant 
a temporary injunction to restrain such act. 

(9)  The  Commission  shall  arrange  to  deliver  copies  of  the  award  to  the  parties  concerned  within  a 

period of fifteen days from the date of such award. 

(10) Every award made under sub-section (6) shall be final. 

12 

 
33. Transfer of pending cases to Commission.–Every application for compensation pending before 
the Claims Commissioner immediately before the date of establishment of the Commission under section 
19 shall stand transferred on that date to the Commission. 

34. Proceedings before Claims Commissioner or Commission to be judicial proceedings.–Every 
proceeding  before  the  Claims  Commissioner  or  the  Commission  under  this  Act  shall  be  deemed  to  be 
judicial proceeding within the meaning of sections 193, 219 and 228 of, and for the purposes of section 
196 of, the Indian Penal Code (45 of 1860). 

35. Exclusion of jurisdiction of civil courts.–Save as otherwise provided in section 46, no civil court 
(except  the  Supreme  Court  and  a  High  Court  exercising  jurisdiction  under  articles  226  and  227  of  the 
Constitution) shall have jurisdiction to entertain any suit or proceedings in respect of any matter which the 
Claims Commissioner or the Commission, as the case may be, is empowered to adjudicate under this Act 
and no injunction shall be granted by any court or other authority in respect of any action taken or to be 
taken in pursuance of any power conferred by or under this Act. 

36.  Enforcement  of  awards.–(1)  When  an  award  is  made  under  sub-section  (1)  of  section  16  or 

under sub-section (6) of section 32,– 

(a) the insurer or any person, as the case may be, who under the contract of insurance or financial 
security under section 8 is required to pay any amount in terms of such award and to the extent of his 
liability under such contract, shall deposit that amount within such time and in such manner as the 
Claims Commissioner or the Commission, as the case may be, may direct; and 

(b) the operator shall, subject to the maximum liability specified under sub-section (2) of section 
6, deposit the remaining amount by which such award exceeds the amount deposited under clause (a). 

(2) Where any person referred to in sub-section (1) fails to deposit the amount of award within the 
period  specified  in  the  award,  such  amount  shall  be  recoverable  from  such  person  as  arrears  of  land 
revenue. 

(3) The amount deposited under sub-section (1) shall be disbursed to such person as may be specified 

in the award within a period of fifteen days from the date of such deposit. 

37. Annual report.–The Commission shall prepare, in such form and at such time in each financial 
year, as may be prescribed, an annual report giving full account of its activities during that financial year 
and submit a copy thereof to the Central Government which shall cause the same to be laid before each 
House of Parliament. 

38.  Dissolution  of  Commission  in  certain  circumstances.–(1)  Where  the  Central  Government  is 
satisfied that the purpose for which the Commission established under section 19 has served its purpose, 
or where the number of cases pending before such Commission is so less that it would not justify the cost 
of its continued function, or where it considers necessary or expedient so to do, the Central Government 
may, by notification, dissolve the Commission. 

(2) With effect from the date of notification of dissolution of Commission under sub-section (1),– 

(a)  the  proceeding,  if  any,  pending  before  the  Commission  as  on  the  date  of  such  notification 
shall  be transferred  to  the Claims  Commissioner to be  appointed  by  the  Central  Government  under 
sub-section (2) of section 9; 

(b) the Chairperson and all Members of the Commission shall be deemed to have vacated their 
offices as such and they shall not be entitled to any compensation for premature termination of their 
office; 

(c) officers and other employees of the Commission shall be transferred to such other authority or 

offices of the Central Government, in such manner, as may be prescribed: 

13 

 
Provided that the officers and other employees so transferred, shall be entitled to the same terms 

and conditions of service as would have been held by them in the Commission: 

Provided  further  that  where  an  officer  or  an  employee  of  the  Commission  refuses  to  join  the 
services in such other authority or office, he shall be deemed to have resigned and shall not be entitled 
to any compensation for premature termination of contract of service; 

(d) all assets and liabilities of the Commission shall vest in the Central Government. 

(3) Notwithstanding the dissolution of the Commission under sub-section (1), anything done or any 
action taken or purported to have been done or taken including any order made or notice issued or any 
appointment, confirmation or declaration made or any document or instrument executed or any direction 
given by the Commission before such dissolution, shall be deemed to have been validly done or taken. 

(4)  Nothing  in  this  section  shall  be  construed  to  prevent  the  Central  Government  to  establish  the 
Commission subsequent to the dissolution of the Commission in accordance with the provisions of this 
Act. 

CHAPTER VI 

OFFENCES AND PENALTIES 

39. Offences and penalties.–(1) Whoever–  

(a) contravenes any rule made or any direction issued under this Act; or  

(b) fails to comply with the provisions of section 8; or  

(c) fails to deposit the amount under section 36, 

shall  be  punishable  with  imprisonment  for  a  term  which  may  extend  to  five  years  or  with  fine  or  with 
both. 

(2) Whoever fails to comply with any direction issued under section 43 or obstructs any authority or 
person  in  the  exercise  of  his  powers  under  this  Act  shall  be  punishable  with  imprisonment  for  a  term 
which may extend to one year or with fine or with both. 

40. Offences by companies.–(1) Where an offence under this Act has been committed by a company, 
every person who at the time the offence was committed, was directly in charge of, and was responsible 
to, the company for the conduct of the business of the company, as well as the company, shall be deemed 
to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: 

Provided  that  nothing  contained  in  this  sub-section  shall  render  any  such  person  liable  to  any 
punishment under this Act, if he proves that the offence was committed without his knowledge or that he 
exercised all due diligence to prevent the commission of such offence. 

(2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been 
committed  by  a  company  and  it  is  proved  that  the  offence  has  been  committed  with  the  consent  or 
connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other 
officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty 
of that offence and shall be liable to be proceeded against and punished accordingly. 

Explanation.–For the purposes of this section,– 

(a) "company" means any body corporate and includes a firm or other association of individuals; 

(b) "director", in relation to a firm, means a partner in the firm. 

41. Offences by Government Departments.–Where an offence under this Act has been committed 
by any Department of the Government, the Head of the Department shall be deemed to be guilty of the 
offence and shall be liable to be proceeded against and punished accordingly: 

14 

 
Provided that nothing contained in this section shall render such Head of the Department liable to any 
punishment if he proves that the offence was committed without his knowledge or that he exercised all 
due diligence to prevent the commission of such offence. 

42.  Cognizance  of  offences.–No  court  inferior  to  that  of  a  Metropolitan  Magistrate  or  a  Judicial 

Magistrate of the first class shall try any offence under this Act:  

Provided  that  cognizance  of  such  offence  shall  not  be  taken  except  on  a  complaint  made  by  the 

Central Government or any authority or officer authorised in this behalf by that Government. 

CHAPTER VII 

MISCELLANEOUS 

43.  Power  to  give  directions.–The  Central  Government  may,  in  exercise  of  its  powers  and 
performance of its functions under this Act, issue such directions, as it may deem fit, for the purposes of 
this Act, to any operator, person, officer, authority or body and such operator, person, officer, authority or 
body shall be bound to comply with such directions. 

44. Power to call for information.–The Central Government may call for such information from an 

operator as it may deem necessary. 

45. Exemption from application of this Act.–The Central Government may, by notification, exempt 
any nuclear installation from the application of this Act where, having regard to small quantity of nuclear 
material, it is of the opinion that the risk involved is insignificant. 

46. Act to be in addition to any other law.–The provisions of this Act shall be in addition to, and 
not in derogation of, any other law for the time being in force, and nothing contained herein shall exempt 
the operator from any proceeding which might, apart from this Act, be instituted against such operator. 

47. Protection of action taken in good faith.–No suit, prosecution or other legal proceedings shall 
lie against the Central Government or the person, officer or authority in respect of anything done by it or 
him in good faith in pursuance of this Act or of any rule or order made, or direction issued, thereunder. 

48. Power to make rules.–(1) The Central Government may, by notification, make rules for carrying 

out the purposes of this Act. 

(2)  In  particular,  and  without  prejudice  to  the  generality  of  the  foregoing  powers  such  rules  may 

provide for –  

(a) the other financial security and the manner thereof under sub-section (1) of section 8; 

(b) the salary and allowances payable to and the other terms and conditions of service of Claims 

Commissioner under section 11;  

(c) the procedure to be followed by Claims Commissioner under sub-section (1) of section 12; 

(d)  the  person  to  be  associated  by  Claims  Commissioner  and  the  manner  thereof,  under  sub-

section (2) of section 12; 

(e) the remuneration, fee or allowances of associated person under sub-section (3) of section 12;  

(f) any other matter under clause (f) of sub-section (4) of section 12; 

(g) the form of application, the particulars it shall contain and the documents it shall accompany, 

under sub-section (1) of section 15; 

(h) the salary and allowances payable to and other terms and conditions of service of Chairperson 

and other Members, under section 22; 

(i) the powers of Chairperson under section 29;  

15 

 
(j) the salary and allowances payable to and the terms and other conditions of service of officers 

and other employees of the Commission, under sub-section (2) of section 30; 

(k) the form of application, the particulars it shall contain and the documents it shall accompany, 

under sub-section (1) of section 31; 

(l) any other matter under clause (f) of sub-section (5) of section 32; 

(m) the form and the time for preparing annual report by the Commission under section 37; 

(n) the manner of transfer of officers and other employees of the Commission under clause (c) of 

sub-section (2) of section 38. 

(3) Every rule made under this Act by the Central Government shall be laid, as soon as may be after it 
is made, before each House of Parliament, while it is in session, for a total period of thirty days which 
may be comprised in one session or in two or more successive sessions, and if, before the expiry of the 
session immediately following the session or successive sessions aforesaid, both Houses agree in making 
any  modification  in  the  rule  or  both  Houses  agree  that  the  rule  should  not  be  made,  the  rule  shall 
thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that 
any such modification or annulment shall be without prejudice to the validity of anything previously done 
under that rule. 

49. Power to remove difficulties.–(1) If any difficulty arises in giving effect to the provisions of this 
Act, the Central Government may, by order published in the Official Gazette, make such provisions, not 
inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the 
difficulty: 

Provided  that  no  order  shall  be  made  under  this  section  after  the  expiry  of  three  years  from  the 

commencement of this Act. 

(2) Every order made under this section shall, as soon as may be after it is made, be laid before each 

House of Parliament. 

16 

 
 
